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HomeMy WebLinkAboutMINUTES - 02252003 - C1-C5 �cording Requested.By: I1II��I III I III II I �l II IIIA I I�I��I�IIII l II III II Contra Costa county Public Warks Dept. Construction Division CONTRA COSTA Co Retarder Office 255 Glacier Drive STEPHEN L. WEIR Clerk-Recorder Martinez, CA 94553 DDC— 2003-0091619-00 Return to: Thursday, FEB 27, 2003 10:26:21 FRE $0.00 WHEN RECORDED,RETURN TO CLERK Ttl Pd $0.00 Nbr-001341168 BOARD OF SUPERVISORS r r c/RS/1-1 BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA In the Matter of Accepting and Giving ) RESOLUTION OF ACCEPTANCE Notice of Completion of Contract for ) and NOTICE OF COMPLETION State Route 4/Sellers Avenue ) (C.C. § 3086, 3093) Intersection Improvements } Proiect No.4660-6X4028-00 } RESOLUTION NO. 2003/ 119 The Board of Supervisors of Contra Costa County RESOLVES that: The County of Contra Costa on December 26, 2001 contracted with Bruce Cdrone Grading & Paving, Inc., for the intersection improvements at State Route 4 at Sellers Avenue in the Brentwood area, with Safeco Insurance Company of America as surety, for work to be performed on the grounds of the County; and The Public Works Director reports that said work has been inspected and complies with the approved plans,special provisions and standard specifications and recommends its acceptance as complete as of January 23, 2003. Therefore, said work is ACCEPTED as completed on said date, and the Clerk shall file with the County Recorder a copy of this Resolution and Notice as a Notice of Completion for said contract. PASSED BY THE BOARD on February 25, 2003 by the following vote: AYES: SUPERVISORS GIOIA, UILKE IA, GERBER, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE CERTIFICATION AND VERIFICATION I hereby certify that this is a true and correct copy of an Contact: Mike Carlson (925)313-2321 action taken and entered on the minutes of the Board of Orig. Dept.:Public Works(Const.) Supervisors on the date shown. cc: Record and Return Auditor Public Works- Accounting ATTESTED: FEBRUARY 25, 2003 - Construction,R.Bruno JOHN SWEETEN, Clerk of the Board of Supervisors and - Env.,C.Sellgren County Administrator - Traffic,S.Kersevan Contractor Raab By A-7 : Deputy G.1GrpDatalConst1BO120031ACCBPTANCE-BO-State RoutedSellersAve.doc RESOLUTION NO. 2003/ 119 4.r+ TO: BOARD OF SUPERVISORS FROM: Maurice M. Shiu, Public Works Director DATE: FEBRUARY 25, 2003 SUBJECT: APPROVE & AUTHORIZE the Public Works Director, or designee, to execute Amendment No. 2 to the Consulting Services Agreement with Berryman & Henigar, Inc. for Subdivision Inspection, Countywide. (All Districts) Specific Request(s)or Recommendations)&Background&Justification i. Recommended Action: APPROVE&AUTHORIZE the Public Works Director,or designee,to execute Amendment No.2 to the Consulting Services Agreement with Berryman & Henigar, Inc. effective February 9, 2003 for Subdivision Inspection in the amount of$25,000 for a new total of$900,000. il. Financial impact: There will be no impact on the County General Fund. The Consulting Services Agreement is for $100,000. (Developer Fees) r, Continued on attachment: X yes SIGNATURE: - RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE - APPRO OTHER SIGNATURE S ACTION OF BO ON: 3 APPROVED AS RECOMMENDED xx OTHER V VOTE OF SUPERVISORS I hereby certify that this is a true and correct copy of an XX UNANIMOUS{ABSENT } action taken and entered on the minutes of the Board of AYES: NOES: Supervisors on the date shown. ABSENT: ABSTAIN: Contact: Mike Carlson,(825)313-2321 ATTESTED: FEBRUARY 25, 2003 Cdg.Div.: PW(Constr) JOHN SWEETEN, Clerk of the Board of Supervisors and cc: Auditor-Controller E.Kuevor,CAO County Administrator R.Bruno,Construction Accounting Consultant By , Deputy MC:tb G:\GRPDATA\CONST\BO\20031AMENDMENT2-ONCALLSUS INSPECTION-B&H.00C SUBJECT: APPROVE & AUTHORIZE Public Works Director, or designee, to execute Amendment No. 2 to the Consulting Services Agreement with Berryman & Henigar, Inc. DATE: FEBRUARY 25, 2003 PACE: 2 of 2 III. Reasons for Recommendations and Back-ground: The Board of Supervisors on July 15, 2002, authorized the Public Works Director to execute a Consulting Services Agreement in the amount of$60,000 with Berryman& Henigar, Inc.to provide subdivision inspection and encroachment permit inspection.Additional inspection was needed do to the increase in subdivision work around the County. IV. Consequences of Negative Action: If the Consultant Services Agreement with Berryman& Henigar, Inc. is not approved, it may not be possible to compensate the consultant for construction management services. AMENDMENT NO. 2 CONSULTING SERVICES AGREEMENT PROJECT NAME: Subdivision Inspection 1. Parties: Effective on February 1, 2003, the County of Contra Costa, a political.subdivision of the State of California, hereinafter referred to as "Public Agency," and Berryman & Henigar, hereinafter referred to as "Consultant," mutually agree and promise as follows: 2. Purpose. The parties desire to amend the agreement they entered into effective July 15, 2002, entitled "Consulting Services Agreement," hereinafter referred to as the"Agreement." The Agreement is for providing necessary assistance to our field inspectors with subdivision inspection and utility encroachment inspection. This Amendment provides for an increased pay limit due to an increase in subdivision inspection and encroachment permit inspections.The payment limit of$25,000 will increase the total to $100,000. 3. Amendment(s) to Agreement: A. The Payment Limit, Item 1(e)of the existing Consulting Services Agreement is amended to now read $100,000. 4. Remaining Provisions: Except for the changes made by this Amendment, all provisions of the Agreement shall remain in full force and effect. 5. Signatures: These signatures attest the parties' agreement to this Amendment. ......................................... .......I............................ .......................................................... PUBLIC AGENCY CONSULTANT By: Maurice M. Shiu By: Public Works Director (Designate offici6pa0yr-in the business) 5�ff By. By: (Designate oVial capacity in the business) Note to Consultant: For corporations, the contract must be signed by two officers. The first signature must be that of the chairman of the board, president or vice-president;the second signature must be that of the secretary, assistant secretary, chief financial officer or assistant treasure, (Civ. Code, Sec, 1190 and Corps. Code, Sec. 313). The acknowledgement below must be signed by a Notary Public. CERTIFICATE OF ACKNOWLEDGEMENT State of California, ) . )ss. County of n U. On this date written below, before me,the undersigned Notary Public,personally appeared the persoro signing above for Consultant, personally known to me ( F PFOVed t&-ffi& OR the basi- of ga"fQdAry avdB=e) to be the persons whose Aare are subscribed to the within instrument and acknowledged to me that tve4I+-_/they execute Te same in his+eF/their authorized capacity(D), and that by hisi+w/their signatureM on the instrument the person @ or the entity upon behalf of which the person0acted, executed the instrument. Witness my hand and official seal. EUZABETH MC COCR&:4ZCjK� Cornmtsdon#1223550, Notay Public-Callftffft San Diego County Dated: MY Comm.Bq*es Jun a. [Notary's Seal) NOTARY PUBLIC APPROVED AS TO FORM: Silvano Marchesi County Counsel G:%GrpOata\ConstContraids\CSA\2003iCSA-B&H-aniend2-0r,Calt$ub.doc ................. ........... ............................................................................................ Gr• THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on February 25, 2003,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GERBER, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2003/ 120 SUBJECT: Ratify prior decision of the Public Works Director to fully close a portion of Sunset Drive on February 3,2003 from 9:00 a.m.through 3:00 p.m., for the purpose of the crane lift to remove a tree threatening to fall on a house,Kensington area.(District I) RC-03-03 The Public Works Director having reported that prior approval has been granted to Golden Gate Crane&Rigging,Inc.to fully close Sunset Drive,except for emergency traffic,on February 3, 2003, for the period of 9:00 a.m. through 3:00 p.m., subject to the following conditions: 1. Traffic will be detoured via neighboring streets per plan approved by Public Works. 2. All signing to be in accordance with the State of California Manual of Traffic Controls. 3. Golden Gate Crane & Rigging, Inc. shall comply with the requirements of the Ordinance Code of Contra Costa County. 4. Have on file with the County Public Works Department at the Application and Permit Center a Certificate of Insurance in the amount of$1,000,000 for Comprehensive General Public Liability which names the County as an additional insured. 5. Obtain approval for the closure from the Sheriff's Department,the California Highway Patrol and the Fire District. IT IS BY THE BOARD RESOLVED that the action taken by the Public Works Director is approved. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on BH:cW the date shown. G:\GrpData\Eng3vc\BO\20031,2-25-03\RC-03-03 BO.doc Originator:Public Works(AFC) Contact: Bob Hendry(335-1375) ATTESTED: FEBRUARY 25 2003 cc: CHP JOHN SWEETEN,Clerk of the Board of Supervisors and County Sheriff-Patrol Div,Commander Administrator By_ ' ,Deputy RESOLUTION NO.2003/120 ......... ......... ......... .._...... _. . ........ .............. .............._.........._..._._..... . ......... ......... ......... ......... ......... . .................__........ ........... ......_.. TO: BOARD OF SUPERVISORS FROM: MAURICE M.SHIU, PUBLIC WORKS DIRECTOR DATE: February 25, 2003 SUBJECT: Rescind Board Action taken on September 24, 2002 in Connection with the sale of surplus property for the SR4 West Gap Project, Hercules area Project No.: 4660-6X4152 Task: ACQ Account No: 3540 SPECIFIC REQUEST($)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION 1. Recommended Action: RESCIND Board Action which approved Grant Deed on September 24, 2002 (Resolution No. 2002/575)which was not recorded or delivered to Grantee. APPROVE and AUTHORIZE the Board Chair to execute a revised Grant Deed on behalf of the County. DIRECT the Real Property Division to cause said revised Grant Deed to be delivered to the Grantee. If. Financiallmpact: None. Ill. Reasons for Recommendations and Background: On September 24, 2002 the Board adopted Resolution No. 2002/575 which approved the sale of surplus property to the East Bay Regional Park District in connection with the SR4 West Gap Project in the Hercules area. The Grant Deed that was approved and executed on that date omitted conditions required for the transaction. It is necessary to rescind the executed Grant Deed and APPROVE and AUTHORIZE execution of a revised Grant Deed which contains the required conditions. (The project number listed as 4660-6X4158 on Resolution No. 2002/575 should have been 4660-6X4152). IV. Consequences of Negative Action: The County will be unable to complete th cessary property trap action. Continued on Attachment: SIGNATURE: RECOMMENDATION OF COUNTY ADMINIS O RECOMMENDATION OF BOARD COMMIT EE APPROVE (ITHER SIGNATURE(S): ACTION OP BO D N. FFRR)ART 250 200' APPROVED AS RECOMMENDED Xx OTHER VOTE OF SUPE VISORS xx UNANIMOUS(ABSENT ) AYES: NOES: I hereby certify that this is a true and correct ABSENT: ABSTAIN: copy of an action taken and entered on the minutes of the Board of Supervisors on the KAL:eh date shown. G:\GrpOata\RealProp\2003-Files\BOs&RE5\BOA Grant Deed EBRPD.doc Orig. Div: Public Works(R/P) ATTESTED: FEBRUARY 25, 2003 Contact: Karen Laws (313-2228) JOHN SWEE"T"EN, Clerk of the Board of cc: County Administrator Supervisors and County Administrator Recorder(via R/P) Board Orders Senior Clerk,Adm. By �r�' , Deputy Recorded at the request of: East Bay Regional Park District Return to: EBRPD 2950 Peralta Oaks Ct. P.O. Box 5381 Oakland, CA 94605 Attn. Nancy Wenninger A Portion of APN 358-040-012 Title Co. Order No. 615.5861 Carquinez Strait GRAN` DEED For valuable consideration, receipt of which is hereby acknowledged, CONTRA COSTA COUNTY, a political subdivision of the State of California (Grantor), hereby grants to EAST BAY REGIONAL PARK DISTRICT, a California special district (District), the following described real property (Property) in an unincorporated area of the County of Contra Costa, State of California. FOR DESCRIPTION SEE EXHIBIT W ATTACHED HERETO AND MADE A PART HEREOF. The foregoing grant is made subject to the following terms and conditions: 1. Grantor acquired Property as part of a larger parcel (Gap Closure Parcel)'from Loma Hallissy et al. (Owners) through the settlement of an eminent domain action. As a condition of the settlement, Owners retained APN 358-040-011, adjacent to the south of Property. In the event development of said parcel for a non-agricultural use is approved in the future, Owners or successor obtained the right to apply to Property's owner or successor for an easement, at no cost, to be used exclusively for a leach field to handle sanitary waste, of a reasonable size and design to accommodate development on APN 358-040-011. Property's owner shall not unreasonably refuse to grant the easement. Said rights shall expire March 1, 2012, or upon notification of Owners that their application for the proposed leach field is not approved by Contra Costa County, or if a reasonable alternative method of handling the waste is available to or developed by Owners. 2. Owners or successor shall also have the right to apply to the Property's owner or successor for an appurtenant easement or some lesser right for the purpose of mitigating the destruction of wetlands caused by the development of APN 358-040-011. Property's owner shall not unreasonably withhold its consent to Owners' reasonable request. Said rights expire March 1, 2012 or upon notification of the Owners that their application for said mitigation is not approved by the U. S. Army Corps of Engineers or any other entity with regulatory authority. 3. The remainder of the Gap Closure Parcel, as described in Exhibit W attached hereto and made a part hereof, is not being conveyed by this instrument and is subject to use for roadway purposes. CONTRA COSTA COUNTY Dated FEBRUARY 25, 2003 By I IA,1,W a;�& Chair, Board of Supervis 1 _..._.... ._....... ._._. ..... ...__._. _ _ ........ ....... ....... ........ ......-_...... . _...._.... ... _. __..... .. _ .. ._. . ...... .......... ._...... STATE OF CALIFORNIA } COUNTY OF CONTRA COSTA ) On Feb. 25, 2O fore me, Fmelda L. Sharp Deputy, Clerk of the fjoardotrku.ini Contra Costa County, personally appeared P 'io is personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)Is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. By: r DelKuty Clerk KAL:eh G:IGrpDatalRealProp12002-Files102-1I\DE.03 EBRPD.doc 12/12/02 2 State Route 4 Gap E.B.R.P.D Parcel Contra Costa County EXHIBIT "A" Real property situated in the Rancho El Pinole, being all of Parcel 56455 as described in the Grant Deed to Contra Costa County recorded March 23, 2001 at DOC-2001-0069178-00 and all of Parcel 56453 as described in the Grant Deed to Contra Costa County recorded March 23, 2001 at DOC-2001-0069179-00 Records of Contra Costa County, State of California. EXCEPTING THEREFROM. All of the above described real property lying southeasterly, southerly and southwesterly of the following described line: Beginning at a point on the easterly line of said Parcel 55455 (Contra Costa County DOC-2001-006917$-00) said point being the most southwesterly corner of the Parcel of land described in the Final Order of Condemnation to the State of California recorded December 22, 1965 in book 5019 at page 584 records of said County; thence leaving said easterly line,*southwesterly along the following courses: South 64043°118" West, 173.024 meters; South 34040'65"West, 112.088 meters; South 681,05'32"West, 324.718 meters; North 51038"!5'West,115.602 meters; South 841,2743 West, 40.703 meters; South 7102335" West, 144.527 meters; South 23°18'02" West, 108.472 meters, To the northeasterly line of the Burlington Northern Santa Fe Railway(formerly the A.T.&S.F. Ry. Co., Stockton Subdivision) as described in the deed to the A.T.&S.F. Ry. Co. recorded November 1, 1944 in Book 792 at Page 205, records of said County; thence westerly along said northeasterly line of the;B.N.S.F. railroad to an intersection with the most westerly line of the above described Parcel 55455 (Contra Costa County DOC-2001-0069178-00) being the westerly terminus of the herein described line. Containing an area of 393,179 square meters, more or less. The bearings and distances used in the above description are on the California Coordinate System of 1983 (CCS83) Zone 111 (1991.35 HPGN). Multiply distances shown by 1.000068 to obtain ground distances. This real property description has been based upon record information, prepared by me, or under y direction in conformance with the Professional Land Surveyors A v kOo�. r . By:_/A ia%-1 n L. Stockinger, PLS te; OF Ck Professional Land Surveyor No. 6995 PLAT VAP TO ACCOMPANY DECAL DESCRIPTION 209. 550M /9,9 56' 1 1 ' E J�0 `0� BRIAN L. sTOCK1cER Up. 9-30-01 �. � � sig � Ort. OF C LLQ Q0 w • tv In 0e ---- Area a- 393, 179 sq. m Contra costa county W Doc. -2001 -0069178-00 cn March 23, 2001 State of California 5019 0. R. 584 December- 22, 1965 s �( 840. 283M -2" 088M S88° 241 32" - � ' 34° 40' w rz � o�e A N/ e ?,'0 1 15. 602M � 151 ° 3$ SCALE = k500 Bearings and distances given are based upon record information and limited field \verification and do not represent complete boundary resolution 3440 VINCENT ROAD, PLEASANT HILL . CA 94523 %het 1 of 2 (925) 463-2000 FAX# (925) 463-0510 -PLAT MAP TO ACCOMPANY LEGAL DESCR I PT I 209. 550M LAND N894' 56' I 1 " E ` BRIAN L. STOCKIN •c a , 9-3 LS 95 W Zo SCALE = 1 : 500C> 06 C%j tl) o Bearings and distances given are based upon record information and limited field verification and do not represent +. a complete boundary resolution V) m m V) 40. 703M 840. 283M S84* G7' 43N !! F,) S88° 24 ' 32' E Contra Costa County � Doc, -200 I -0069# 78-001 AA.`' '3�,W March 23, 2001 . 108. 471M ,.. S23' 18' 02' W 1 15. 802M Rol�rfl Contra Costa County S�(3 3440 VINCENT ROAD, PLEASANT HILL CA 94523 Sheet 2 of 2 (925) 4£3-2000 FAX= (925) 463-0510 State Route 4 Gap Contra Costa County Parcel Contra Costa County EXHIBIT "B" Real property situated in the Rancho EI Pinole, being a portion of Parcel 56455 as described in the Grant Deed to Contra Costa County recorded March 23, 2001 at DOC-2001-0069178-00-and a portion of Parcel 56453 as described in the Grant Deed to Contra Costa County recorded March 23, 2001 at DOC-2001- 0069179-00 Records of Contra Costa County, State of California, being more particularly described as follows: PARCEL I Beginning at a point on the easterly line of said Parcel 56455 {Contra Costa County DOC-2001-0069178-00} said point being the most southwesterly corner of the Parcel of land described in the Final Order of Condemnation to the State of California recorded December 22, 1965 in book 5019 at page 584 records of said County; thence leaving said easterly line, southwesterly along the following courses: South 64643'08" West, 173.005 meters; South 34040'55" West, 112.088 meters; South 68005'32"West, 324.718 meters to a point in the Right of Way of State Route 4, said point being herein designated Point A; thence along said Right of Way the following courses: South 51638'15" East, 56.456 meters; North 68640'29" East, 97.268 meters; South 83037'30" East, 28.157 meters; North 69637'02" East, 14.789 meters; North 4564717" East, 34.281 meters; North 68040'29" East, 53.763 meters; North 45600'25" East, 127.329 meters, North 67049'42" East, 87.497 meters; South 50042'32" East, 49.506 meters; North 57627'20" East, 68.922 meters to said easterly line of Parcel 56455; Thence aong said line North 01620'01" East, 112.658 meters to the Point of Beginning. Containing an area of 32,233 square meters, more or less. PARCEL 2 Commencing at the herein above designated Point A, thence along the said Right of Way of State Route 4 the following courses: _. _._.... _....... _........ .__.. .... _......_.. __..... ..... ........ ........ ............ ........... ............ ............. ........._.. . . ........ ......... ......... ......... North 51038'15"West,115.623 meters; South 8402743"West, 40.703 meters to the Point of Beginning of the herein described Parcel 2; thence continuing along said Right of Way the following courses: South 22020'02" West, 177.198 meters; South 85033'38" West, 70.385 meters, To the northeasterly line of the Burlington Northern Santa Fe Railway (formerly the A.T.&S.F. Ry. Co., Stockton Subdivision) as described in the deed to the A.T.&S.F. Ry. Co. recorded November 1, 1944 in Book 792 at Page 205, records of said County; thence along said northeasterly line of the B.N.S.F. railroad North 60052'04" West, 48.506 meters; thence leaving said northeasterly line, North 23018'02" East, 108.471 meters; thence North 71023'35" East, 144;527 meters to the Point of Beginning. Containing an area of 16,612 square meters, more or less. The bearings and distances used in the above description are on the California Coordinate System of 1983 (CCS83)Zone Ill (1991.35 HPCN). Multiply distances shown by 1.000068 to obtain ground distances. This real property description has been based upon record information, prepared by me, or u r my direction in conformance with the Professional Land Surveyo �D S��yfi Brian L. Stockinger, PLS N°' OM ate. OF G Pr essional Lan 'Surveyor No. 6995 rte' Co THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on February 25, 2003, by the following vote: AYES: SUPERVISORS GIOIA, UILMfA, GERBER, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE RESOLUTION NO. 2003/121 (Gov. Code § 25526.5) SUBJECT: ADOPT Resolution No. 2003/ 121 approving the conveyance of County interest in real property to the State of California in connection with the State Route 4/Willow Pass Grade Widening and Lowering Project. Project No. 4660-6X4107 Pittsburg Area The Board of Supervisors of Contra Costa County RESOLVES THAT: Contra Costa County acquired certain real property by Easement Deed on May 8, 2002, Series # 2002-0163083 in the Pittsburg area, described in Exhibit "A" attached hereto, for said project. This Board hereby APPROVES and AUTHORIZES the conveyance of said interest to the State of California, pursuant to Government Code Section 25526.5, and the Chair, Board of Supervisors,is hereby AUTHORIZED to execute an Assignment of Easement on behalf of the County, in accordance with the terms and conditions of the Cooperative Agreement on file in the Public Works Department. The Real Property Division is DIRECTED to cause said Assignment of Easement to be delivered to the grantee for acceptance and recording. RDB:eh I hereby certify that this is a true and correct G:1GrpDatalRealProp12003-Files\BOs&RES1BR26 SR4 Willow of an action taken and entered on theow Pass.doc minutes of the Board of Supervisors on the date shown. Orig.Dept.: Public Works(R/P) Contact: Ronald Babst(313-2226) ATTESTED: FEBRUARY 25, 2003 cc: Public Works Accounting JOHN SWEETEN,Clerk of the Board of Public Works Records Supervisors and Cipunty Administrator Grantee(via R/P) Recorder(via R/P) Community development Dept By Deputy Board Orders Senior Clerk,Adm. RESOLUTION NO. 2003/ 121 Number 57539 CONTRA COSTA COUNTY Dated FEBRUARY 25, 2003 By MM& `t , Chair, Board of Supervisors STATE OF CALIFORNIA ) COUNTY OF CONTRA COSTA ) On FEBRUARY 25, 20013 _before me, E'rrmelda L. shares ,a'Deputy Clerk of the Board of Supervisors, Contra Costa County, personally appeared sup. Mak .Sai flni ar , who is personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executedthe instrument. ,f By: De uty Clerk (CERTIFICATE OF ACCEPTANCE, GOVERNMENT CODE SECTION 27281) THIS IS TO CERTIFY,That the STATE OF CALIFORNIA, grantee herein, acting by and through the Department of Transportation hereby accepts the within Assignment of Easement from Contra Costa County, a political subdivision of the State of California, to the State of California, and consents to the recordation thereof. IN WITNESS WHEREOF, I have hereunto set my hand this day of 2003. JEFF MORALES Director of Transportation By R.A. MACPHERSON, Deputy District Director Right of Way, and Attorney in Fact' G:tGrpData\tea]Prop12003-Fi#est03-21AKO15R4 Mow Pass.doc ?119/03 EXHIBIT A 04-CC-4 PM 18.7 PARCEL 57539 PARCEL 1 :(50857-5) ALL THAT CERTAIN PARCEL OF LAND DESCRIBED IN THE DEED TO CONTRA.COSTA COUNTY,RECORDED MAY 8,2002 IN DOC-2002-0163083-00,CONTRA COSTA COUNTY RECORDS,DESCRIBED AS FOLLOWS: AN EASEMENT FOR DRAINAGE PURPOSES,AND INCIDENTS THERETO,UPON,OVER AND ACROSS THAT REAL PROPERTY SITUATE IN THE COUNTY OF CONTRA COSTA,STATE OF CALIFORNIA,BEING A PORTION OF THE NORTHEAST QUARTER OF SECTION 16,T.2.N., R.I.W.,M.D.B.&M.,MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF HIGHWAY 4 AS DESCRIBED IN THE FINAL ORDER OF CONDEMNATION FROM SEECON FINANCIAL AND CONSTRUCTION CO.AND NORTH STATE DEVELOPMENT CO.TO THE COUNTY OF CONTRA COSTA RECORDED OCTOBER 13, 1993 IN BOOK 19039 AT PAGE 825 OF OFFICAL COUNTY RECORDS OF CONTRA COSTA COUNTY DESCRIBED AS PARCEL 1 (50860-1),SAID POINT OF COMMENCEMENT BEING NORTH 74058'27"WEST 49.13 FEET FROM THE SOUTHERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED AS NORTH 74058'27"WEST 173.55 FEET IN SAID FINAL ORDER OF CONDEMNATION(19039 OR 825);THENCE LEAVING SAID SOUTHERLY LINE SOUTH 84°49'29"WEST 145.12 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 84049'29"WEST 65.60 FEET;THENCE NORTH 05°10'31"WEST 20.00 FEET; THENCE NORTH 84049'29"EAST 78.80 FEET;THENCE SOUTH 28°14'20"WEST 2396 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING+/- 1444 SQUARE FEET(0.033 ACRES) Prepared By: NOLTE ASSOCIATES,INC. l � 05 'v'3 William Douglas une Date L.S. 7059 N:\WC0460\PM13\Willow Pass\Seecon\Transferdocs\TransDoc PCL l,and 2-5 57539.DOC EXHIBIT A 94-CC-4 PM 18.7 PARCEL 57539 PARCEL 1 :{50857—Q ALL THAT CERTAIN PARCEL OF LAND DESCRIBED IN THE DEED TO CONTRA COSTA COUNTY,RECORDED MAY 8,2042 IN DOC-2042-0163083-00,CONTRA COSTA COUNTY RECORDS,DESCRIBED AS FOLLOWS: AN EASEMENT FOR DRAINAGE PURPOSES,AND INCIDENTS THERETO,UPON,OVER AND ACROSS THAT REAL PROPERTY SITUATE IN THE COUNTY OF CONTRA COSTA,STATE OF CALIFORNIA,BEING A PORTION OF THE NORTHEAST QUARTER OF SECTION 16,T.2.N., R-1.W.,M.D.B.&M.,MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF HIGHWAY 4 AS DESCRIBED IN THE FINAL ORDER OF CONDEMNATION FROM SEECON FINANCIAL AND CONSTRUCTION CO.AND NORTH STATE DEVELOPMENT CO.TO THE COUNTY OF CONTRA COSTA RECORDED OCTOBER 13, 1993 IN BOOK 19039 AT PAGE 825 OF OFFICAL COUNTY RECORDS OF CONTRA COSTA COUNTY DESCRIBED AS PARCEL 1 (50860-1),SAID POINT OF COMMENCEMENT BEING NORTH 74°5827"WEST 49.13 FEET FROM THE SOUTHERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED AS NORTH 7405827"WEST 173.55 FEET IN SAID FINAL ORDER OF CONDEMNATION(19039 OR 825);THENCE LEAVING SAID SOUTHERLY LINE SOUTH 84049'29"WEST 145.12 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 84049'29"WEST 65.60 FEET;THENCE NORTH 05010'31"WEST 20.00 FEET; THENCE NORTH 84049'29"EAST 78.80 FEET;THENCE SOUTH 28°14'20"WEST 23.96 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING+/- 1444 SQUARE FEET(0.433 ACRES) Prepared By: NOLTE ASSOCIATES,INC. William Douglas me * "Date L.S.7059 N:\WC0460\PMI3\Willow Pass\Seecon\Transferdocs\TransDoc PCL 1,and 2-5 57539.DOC .......... ....... ....... Recording Requested By: Caltrans When Recorded Return to: Caltrans 111 Grand Avenue Oakland, CA 94623-0440 Attn: Jessica Dillingham SPACE ABOVE THIS LINE FOR RECORDEWS USE District County Route Post Mile Number 4 cc 4 18.5& 18.7 57539 ASSIGNMENT OF EASEMENT For value received, CONTRA COSTA COUNTY, a political subdivision of the State of California ("Assignor'), hereby assigns, transfers and conveys to the STATE OF CALIFORNIA, all of Assignor's rights, title, interests and obligations under that certain easement recorded May 8, 2002 at the Contra Costa County Recorder's Office (Series #2002-0163083) from West Coast Home Builders, Inc., a California corporation, to Contra Costa County. FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE APART HEREOF. RDB:eh G.1GrpData\Rp-a)Prop\2002-Filesi02-1 0\DE,I West Coast Horne.doc 10/29102